Missouri v. Jump

CONCURRING OPINION.

FARRINGTON, J.

I concur fully in the opinion of Sturgis, J., with reference to the information in this case. I think the result reached is correct for the further reason that there was not sufficient evidence introduced to identify the defendant as the person who committed the crime charged. Only two witnesses testified. The prosecuting witness, as I read the record, was not unfriendly to the prosecution; .he was only uncertain;-he was plainly in doubt and was clearly unwilling to swear positively that defendant was the man who sold him the whiskey. And this is not…